Texas' Open Carry Concerns

[sailor2000]

Back to the thread.,.. I have a business and don't want to post 30.07. Has anyone produced a video explaining open carry in Texas that I could show to my non-gun knowledgeable employees?

[ELB]

Pretty sure it wasn't the Yankees that did this to us...

I think it was. Texans lost almost all gun rights during reconstruction.

cb1000rider is correct, t'weren't the Yankees. The banning of pistols and other handy self-defense items came after Texas was readmitted to the Union.

Within a year of the conclusion of the Civil War, there were very few Yankees left in Texas, and the military commanders that were here found it very difficult to ride herd on Texas. Despite the various loyalty oaths and other mechanisms meant to keep confederates out of government, and some re-sets on the governors and state constitutions, the confederate power structure came back pretty fast. About the only lasting effect the Yankees had was the banning of slavery and maybe rebuilding the railroads.

Texas was readmitted to the Union in March 1870, and the Texas Legislature passed the law that essentially banned public carry of pistols, dirks, bowie knives, etc a year later in April 1871 -- due in large part to the violence that ex-confederate "guerrillas" and run-of-the-mill bandits were causing. The Texas Supreme Court upheld that law in 1872.

The Republicans (and these were Texas Republicans, not "carpet baggers" or other "foreigners") were already on their way out then, and were run out of government for the next 100+ years shortly thereafter. I think "Reconstruction" officially tottered on until something like 1874, but for all practical political purposes Texas was under local management.

IIRC, the Texas Supreme Court opined that the 2A of the Federal Constitution protected only military arms, and the Court did not see dirks, bowie knives, and pistols as military arms. Muskets, rifles, shotguns, bayonets, and yes even cannons were OK for possession by citizens since they were used by soldiers and militia. (Somehow the TSC didn't notice the knives and pistols soldiers also carried).

And even if the Yankees did trample gun rights during reconstruction, Texas Democrats had many many decades to change that...and chose not to.

[Breny414]

ELB,

Yes, when I read the recent articles about open carry, and the fact that it has been illegal since the Civil War, I figured it was due to reconstruction. But it didn't make sense that in the intervening 100 plus years nothing was done about it by those in charge at the time.

Anyway, thanks for taking the time to educate us on the post Civil War 2A history in Texas. Appreciated!

[jed]

Pretty sure it wasn't the Yankees that did this to us...

I think it was. Texans lost almost all gun rights during reconstruction.

cb1000rider is correct, t'weren't the Yankees. The banning of pistols and other handy self-defense items came after Texas was readmitted to the Union.

Within a year of the conclusion of the Civil War, there were very few Yankees left in Texas, and the military commanders that were here found it very difficult to ride herd on Texas. Despite the various loyalty oaths and other mechanisms meant to keep confederates out of government, and some re-sets on the governors and state constitutions, the confederate power structure came back pretty fast. About the only lasting effect the Yankees had was the banning of slavery and maybe rebuilding the railroads.

Texas was readmitted to the Union in March 1870, and the Texas Legislature passed the law that essentially banned public carry of pistols, dirks, bowie knives, etc a year later in April 1871 -- due in large part to the violence that ex-confederate "guerrillas" and run-of-the-mill bandits were causing. The Texas Supreme Court upheld that law in 1872.

The Republicans (and these were Texas Republicans, not "carpet baggers" or other "foreigners") were already on their way out then, and were run out of government for the next 100+ years shortly thereafter. I think "Reconstruction" officially tottered on until something like 1874, but for all practical political purposes Texas was under local management.

IIRC, the Texas Supreme Court opined that the 2A of the Federal Constitution protected only military arms, and the Court did not see dirks, bowie knives, and pistols as military arms. Muskets, rifles, shotguns, bayonets, and yes even cannons were OK for possession by citizens since they were used by soldiers and militia. (Somehow the TSC didn't notice the knives and pistols soldiers also carried).

And even if the Yankees did trample gun rights during reconstruction, Texas Democrats had many many decades to change that...and chose not to.

What I read was that the carpet baggers set up and ran the Texas government during reconstruction, which was for a longer period of time than most southern states. I cannot remember where I read this, although it was fairly recent. Showing my age I guess. But it's really neither here nor there, as you said, nothing was done about the Texas gun laws the following 100 plus years. And thanks for the history lesson.

[Richbirdhunter]

I'd like to toss this out there, since Texas hasn't allowed OC in 125 years and we never saw our dads or grandpas OC down Main Street do you think we just have some fear of this renewed freedom?

125 years illegal this Friday legal, that's a big change.

Was there this much bickering 20 years ago when CC became legal?

[NavyVet1959]

Carpetbaggers?

Yankees and Yankee collaborators.

They should have all been tarred and feathered.

Back then, it was the Republicans that were the liberals. The Democrats did not want change, which makes them conservative. :) Funny how things have swapped.